ST. JOHN’S, N.L. – A Newfoundland businessman will find out within the next three days whether the provincial Conservative party will accept him as a candidate in the party’s leadership race.

So far, Premier Kathy Dunderdale is the only contestant. Nominations closed Jan. 10.

Brad Cabana, owner of a painting and decorating company, is challenging a decision by the party’s credentials committee that concluded he was disqualified from the race because he failed to get 50 party members to sign his nomination papers.

Cabana made a presentation to the party’s rules committee Monday, citing a nine-page appeal he filed almost two weeks ago.

He argued the ruling should be struck down because party officials offered a murky interpretation of the party’s constitution, which does not contain a formal definition of membership.

“They definitely understood what I was saying … (but) I don’t know whether they will apply that understanding or not,” Cabana said in an interview. “The constitution is very clear. It’s an open party with open membership.”

Cabana, who lives in Hickman’s Harbour, N.L., said he believes a cabal of senior Tories is thwarting his attempt to seek the leadership because they want Dunderdale to have a trouble-free coronation.

The rules committee has three days to render its decision.

Cabana, 46, said he will head to court if the party rejects his appeal.

“If it were to go to court, I’m fairly certain that they would lose,” he said. “The prudent thing for them to do is to let it go through … I said to them: ‘It’s no way for our premier to step down — by order of a court.”‘

Shawn Skinner, the party’s natural resources minister and co-chairman of the leadership convention, said the political skirmish hasn’t helped the party.

“It’s something we’d probably rather not see happen, but I’m comfortable and confident that we’re applying the constitution fairly and equitably,” Skinner said. “To do otherwise would be more of an embarrassment to the party.”

Skinner said he took exception to Cabana’s suggestion that senior Tories are trying to scuttle his leadership bid.

“He smears a lot of people when he says that (and) he doesn’t identify who he’s referring to,” he said.

“There’s nobody trying to stop anyone here … We have to apply the same rules to everyone who wants to participate.